Participants during a public participation in Eldoret City on August 12, 2025.
The 2010 Constitution radically altered Kenya’s governance structure by taking away power from the political elite and bestowing it upon ordinary citizens.
Described as one of the most progressive legal frameworks in the world, the document ushered in sweeping reforms that placed citizens’ participation at the heart of every major decision-making process.
The 2010 Constitution opened up the democratic space. It compelled the people in power to seek wananchi’s views on issues that directly touched on their well-being.
Public participation was entrenched in the Constitution, and it became mandatory for budget approvals and other policy formulations.
National Assembly Constitutional Implementation Oversight Committee chairperson Caroli Omondi said public participation is now a must.
“Public participation is a mandatory governance principle in the Constitution, yet we still lack enabling legislation. This must be addressed urgently,” he said.
Further, the Bill of Rights in Chapter 4 expanded civil liberties, guaranteeing Kenyans freedom of expression, association and access to information. This has enabled people to hold their leaders accountable, and if they feel aggrieved, the Constitution allows them to picket.
It is on the basis of such provisions that politically motivated proposed constitutional amendments — including the Building Bridges Initiative (BBI) initiated by former President Uhuru Kenyatta and veteran politician Raila Odinga — have been rejected, some through the courts.
2010 Constitution
In leaders’ opinion, the 2010 Constitution has made the country one of the most litigious, with several government decisions being challenged in court.
President William Ruto’s administration — just like that of his predecessors who used the new Constitution — has on several occasions been forced to defend some policy decisions in courts. For instance, Dr Ruto’s appointment of Chief Administrative Secretaries (CASs) was declared unconstitutional. And the establishment of the Affordable Housing Act had to undergo a fresh public participation session.
Elizabeth Atieno gives her views during a public participation in Eldoret City on August 12, 2025.
But on Monday, President Ruto described the Constitution as citizen-centred. He said promulgation of the 2010 Constitution marked a major shift in the governance system.
“The promulgation of the Constitution of Kenya 2010 marked a defining moment in our nation’s history, heralding a new era of constitutionalism, citizen-centred governance, devolution and equitable development, protection of fundamental rights and freedoms, and a shared aspiration for a more just, equitable, and prosperous nation for all,” said the President in his proclamation declaring August 27 as Katiba Day.
Previously, the presidency wielded sweeping powers, with control over Parliament and the Judiciary. But the 2010 Constitution introduced strong checks and balances, including an independent Judiciary, parliamentary oversight and independent audit agencies.
The Constitution also created constitutional commissions. The checks and balances curtailed imperial presidency and ensured that sovereignty was with the people. Devolution was introduced, while Parliament was expanded and delineated from the Office of the President.
National Assembly Speaker Moses Wetang’ula said: “Many institutions felt oppressed and suppressed under the Executive and wanted operational autonomy. Those days, the Judiciary had no autonomy; judges were appointed by the President. Now it’s different — we have the Judicial Fund that helps the Judiciary to run on its own. The police were a department in the Office of the President; now it is an independent institution,” The Constitution enabled the establishment of 47 counties so that resources are decentralised. The creation of county governments is one of the most cherished transformations the 2010 Constitution.
The creation of county governments has been impactful in socio-economic development. It is now possible to spread national resources across the country.
The Institute for Social Accountability (Tisa) Executive Director Diana Gichengo said that devolution is a major shift from the past. It has enabled Kenyans to be served at the very local level. In addition, people now have a voice on how their resources should be used.
“If anything, before 2002, the process of distribution of resources was purely a presidential function,” Ms Gichengo said.
In 2016, a working group established by Parliament to assess the Constitution’s socio-economic impacts, mainly on public finances, public institutions, social well-being and the economy in general singled out devolution as the one area the 2010 Constitution delivered real impact for Kenyans. It opened access to better health, education and agricultural services.
“Through devolution, citizens are getting better services. Many see devolution as the best development to have ever happened in Kenya since independence in 1963,” the working group stated in its report in September 2016.
But even though the Constitution is considered to have a progressive spirit, implementation of some of the provisions remains a challenge. In fact, some institutions have failed to live up to Kenyans’ expectations.
For instance, Parliament stands accused of being a lapdog of the Executive. Although the 2010 Constitution gave back Parliament its sacrosanct role of revenue allocation, budgeting as well as oversight of the expenditure, the House has been accused of being an appendage of the Executive. Members of Parliament are accused of literally kneeling down at State House to ask for development projects.
Article 95 of the Constitution gives the National Assembly power to determine the allocation of national revenue and oversight over its expenditure. Article 221 requires the House to consider, debate, and approve estimates of revenue and expenditure submitted by the Executive. No money can be withdrawn from the Consolidated Fund without parliamentary authorisation through appropriation laws.
In short, Parliament was not designed as a rubber-stamp, but as a constitutional guardian of fiscal discipline.
Founder of Hummingbird Grassroots Centre Wanja Maina said: “The Katiba is sacred — won through the blood, sweat, and sacrifice of generations who dreamed of a just Kenya. Yet in the 15 years since its birth, Parliament has allowed debt to spiral, taxes to suffocate families, and public resources to be mismanaged.”
“This betrayal of the people’s trust is what drove the Gen Z-led uprising of 2024, when young Kenyans risked their lives to defend the ideals their leaders had abandoned. The Constitution gave MPs the power to protect wananchi; what is missing is the courage to honour it.”
Parliament today stands at a crossroads on the budget-making process. On paper, it wields sweeping powers over public finance. But in practice, it is often captured by the Executive or consumed by its own venality.
Police reforms
The National Police Service is also accused of not embracing the envisioned reforms in the Constitution. Had the spirit of the 2010 Constitution been fully realised, the police would have transformed from a force to a service.
But 15 years later, that transformation remains a pipedream. The new Constitution promised a police service grounded in human dignity, rights, and freedoms. The name change — from “force” to “service” — was meant to signal the end of colonial-era policing, where the uniform symbolised fear rather than trust. But in reality today, the uniform still carries that old weight.
That Constitution envisioned a National Police Service bound by a code of conduct, trained in community policing, with the National Police Service Commission insulating recruitment and promotions from politics. It also birthed the Independent Policing Oversight Authority (Ipoa) that was given the mandate to investigate misconduct.
Ernest Cornel of the Kenya Human Rights Commission (KHRC) said that the police service in Kenya was built to protect the State and not the citizens.
"It is the history of how the police came to being in Kenya. The police force was created by the British colony to protect its interests… the culture… to protect those in authority,” he said.
“That culture survived after independence. Even when the British left… the police assumed the same role, to protect those in power… It became their number one objective. Whether the leader was a democrat or a dictator made little difference — orders from the top were judiciously followed.”
The 2010 Constitution sought to break that chain by making the police service independent of the Executive.
"One of the ways to achieve a police service that respects human rights is through the courts. The courts are very, very important… [They] are setting good precedents,” Cornel said.
